Effective Date: January 7, 2025
Welcome to Blended, Inc. ("Blended"). These Terms of Use ("Terms") govern your access to and use of our services, including the services offered through our website https://www.blended.app (the "Site") (collectively, the "Services"). Please read these terms and conditions carefully before using this website and check them periodically for changes. If you do not agree to the terms, you must not use the Site or the Services.
EACH AND ANY USE OF THIS SITE OR THE SERVICES IS SUBJECT TO, AND CONDITIONED UPON, ASSENT TO AND COMPLIANCE WITH ALL OF THE TERMS AND CONDITIONS BELOW (THE “AGREEMENT”) AND BLENDED’S PRIVACY POLICY. BY USING THIS SITE OR THE SERVICES YOU SIGNIFY YOUR CONSENT TO BE BOUND BY THE AGREEMENT AND THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT.
ARBITRATION NOTICE: Except for certain kinds of disputes described in Section 9, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND BLENDED individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND BLENDED ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 9.)
1. The Services
Blended is a money management application (the “Application”) designed for co- parents. It streamlines shared expenses, such as daycare and child support, by itemizing costs and automating payments. The Application also offers certain other features including "piggy banks" for joint savings toward larger expenses, like college or trips. Additionally, users can access a supportive community of single parents and blended families to exchange advice and attend events. Blended is not a legal service.
2. Third Party Services
In providing the Services, we obtain and rely on certain information from third parties and third party software and applications. We cannot guarantee the accuracy or completeness of such data.
2.1. Payment Services: Payments facilitated by our Services are processed by our third-party payment processor, Checkbook, Inc. {"Checkbook"). By using the payment functionality of our Services, you agree to be bound by Checkbook's terms and conditions, which are incorporated into these Terms by reference. For further details on Checkbook's terms and conditions, please refer to Checkbook's Terms and Conditions.
2.2. Plaid: In the process of providing the Services, we partner with Plaid Inc. ("Plaid") to gather your consumer account information. By using our Services, you grant us and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy.
3. Registration and Client Content
You must register for an account to access most features of the Services. As part of the process you will be requested to provide certain information (“Client Content”). You agree to (i) provide true, accurate, current and complete Client Content as prompted by the registration process; (ii) maintain and promptly update the Client Content to keep it accurate, current and complete; and (iii) maintain the security of any confidential Client Content and any other security or access information used by you to access the Site or Service. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@blended.app.
4. Termination
You agree that we may for any reason, in our sole discretion and without notice or liability to you or any third party, immediately suspend or terminate your account and refuse any and all current or future access to and use of the Site or Services (or any portion thereof). Grounds for such termination may include, but are not limited to, extended periods of inactivity, loss, theft or unauthorized use of your Client Content, or if we have reasonable grounds to suspect any of the Client Content that you provided is inaccurate, not current or incomplete. You may terminate your account and these Terms at any time by deleting the Application or contacting customer service at support@blended.app. Upon termination of these Terms: (a) your license rights will terminate, and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Services; and (c) Sections 5.2, 9, 10, 12, 14, 15, 18, and 19 will survive.
5. User Content
5.1. User Content Generally: Certain features of the Services may permit users to upload content to the Service, including photos, video, images, folders, data, text, expenses, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in theUser Content that you post to the Service.
5.2. Limited License Grant to Blended: By providing User Content to or via theService, you grant Blended a worldwide, non-exclusive, royalty-free, fully paid right and Service, you grant Blended a worldwide, non-exclusive, royalty-free, fully paid right and Service, you grant Blended a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
5.3. Limited License Grant to Other Users: By providing User Content to or via the Services to other users of the Service, you grant those users a non-exclusive license to access and use that User Content solely within the scope of these Terms and the functionality of the Service.
5.4. User Content Representations and Warranties: Blended disclaims any and all liability in connection with User Content to the extent permitted by applicable law.You are solely responsible for your User Content and the consequences of providing You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:5.4.1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Blended and users of the Services to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Blended, the Service, and these Terms;5.4.2. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Blended to violate any law or regulation; and5.4.3. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
5.5. User Content Disclaimer: We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Blended may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Services you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Blended with respect to User Content, to the extent arising from your use of User Content as permitted by these Terms and not extending to any rights or remedies you may have under applicable law in relation to Blended's negligence, fraud, or any other liability that cannot be excluded or limited under applicable law. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do atany time and without notice. For clarity, Blended does not permit copyright-infringing any time and without notice. For clarity, Blended does not permit copyright-infringing activities on the Service.
5.6. Monitoring Content: Blended does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Services by its users. You acknowledge and agree that Blended reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Services for operational and other purposes. If at any time Blended chooses to monitor the content, Blended still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
6. Communications.
6.1. Text Messaging: Blended and those acting on our behalf may send you and your co-parent text (SMS) messages at the phone numbers you provide us. These messages may include operational messages about your use of the Service, as well as marketing messages. You may opt out of receiving marketing and/or operational text messages at any time by texting “STOP” to the number you are receiving text messages from with the mobile device receiving the messages. You may continue to receive text messages for a short period while Blended processes your request and may also receive text messages confirming our receipt of the opt-out request. Opting out of receiving operational text messages may impact the functionality that the Services provides to you. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive text messages is not a condition of any purchase or use of the Service. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier.
6.2. Push Notifications: If and when you install the Application on your mobile device, you agree to receive push notifications, which are messages an application sends you on your mobile device when said application is not on. You can turn off notifications by visiting your mobile device’s “settings” page.6.3. Email: We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
7. Prohibited Conduct.
By using the Services, you agree not to:
● use the Services for any illegal purpose or in violation of any local, state, national, or international law;
● harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
● violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
● interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Services except to the extent that the activity is expressly permitted by applicable law;
● interfere with the operation of the Services or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
● perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Services account without permission, or falsifying your age or date of birth; or
● attempt to do any of the acts described in this Section 7 or assist or permit any person in engaging in any of the acts described in this Section 7.
8. Digital Millennium Copyright Act
8.1. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address: Blended, Inc. 1201 W Peachtree St. NW, Ste. 2625 Atlanta, GA 30309
8.2. Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information:
8.2.1. an electronic or physical signature of the person authorized to acton behalf of the owner of the copyright or other right being infringed;
8.2.2. a description of the copyrighted work or other intellectual propertythat you claim has been infringed;
8.2.3. a description of the material that you claim is infringing and where itis located on the Service;
8.2.4. your address, telephone number, and email address;
8.2.5. a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; copyright owner, its agent, or the law;
8.2.6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
9. Dispute Resolution and Arbitration
9.1. Generally: In the interest of resolving disputes between you and Blended in the most expedient and cost effective manner, and except as described in Section 9.2 and 9.3, you and Blended agree that every dispute arising in connection with these
Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BLENDED ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
9.2. Exceptions: Despite the provisions of Section 9.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
9.3. Opt-Out: If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 within 14 days after the date that you agree to these Terms by sending a letter to Blended, Inc., Attention: Blended, Inc., 1201 W Peachtree St. NW, Ste. 2625, Atlanta, GA 30309 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Blended receives your Opt- Out Notice, this Section 9 will be void.
9.4. Arbitrator: Any arbitration between you and Blended will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Blended. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
9.5. Notice of Arbitration; Process: A party who intends to seek arbitration mustfirst send a written notice of the dispute to the other party by certified U.S. Mail or by first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Blended’saddress for Notice is: Blended, Inc., 1201 W Peachtree St. NW, Ste. 2625, Atlanta, GA address for Notice is: Blended, Inc., 1201 W Peachtree St. NW, Ste. 2625, Atlanta, GA 30309. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach anagreement to do so within 30 days after the Notice of Arbitration is received, you or Blended may commence an arbitration proceeding. All arbitration proceedings between Blended may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Blended must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Blended in settlement of the dispute prior to the award, Blended will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
9.6. Arbitration Fees, Location: If you commence arbitration in accordance with these Terms, Blended will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Blended for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
9.7. No Class Actions: YOU AND ONWARD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Blended agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
9.8. Modifications to this Arbitration Provision: If Blended makes any future change to this arbitration provision, other than a change to Blended’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Blended’s address for Notice of Arbitration, in which case your account with Blended will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
9.9. Enforceability: If Section 9.7 or the entirety of this Section 9 is found to be unenforceable, or if Blended receives an Opt-Out Notice from you, then the entirety of this Section 9 will be null and void and, in that case, exclusive jurisdiction and venue described in Section 18 will govern any action arising out of or related to these Terms.
10. Licensure
10.1. Limited License: Subject to your complete and ongoing compliance with these Terms, Blended grants you, solely for your personal, non-commercial use, a these Terms, Blended grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sub licensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Services obtained from a legitimate marketplace (whether installed by you or pre- installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service.
10.2. License Restrictions: Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
11. Intellectual Property
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Blended or its licensors. Blended shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extent Blended is required to provide indemnification by applicable law, Blended shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.
12. Your Suggestions
Any feedback, comments, ideas, improvements or suggestions provided by You to Blended with respect to the Application (“Suggestions”) shall remain the sole and exclusive property of Blended. Blended shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.
13. Privacy Policy
Certain information about you or collected on your behalf is subject to our Privacy Policy By accessing the Site you consent to the collection and use of information as described in our Privacy Policy, as may be amended by us from time to time.
14. Disclaimer of all Warranties
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE, ITS CONTENTS AND THE SERVICES, IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES. THIS SITE, ITS CONTENTS AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SITE, ITS CONTENTS AND THE SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THIS SITE, ITS CONTENTS AND THE SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR, BUG OR VIRUS FREE; NOR DO WE WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS SITE, ITS CONTENTS AND THE SERVICES IN TERMS OF THEIR CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE.
15. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (I) ARISING OUT OF THE USE OR THE INABILITY TO USE THIS SITE OR THE SERVICES, (II) FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (III) RESULTING FROM ANY INACCURACIES OR ERRORS OF INFORMATION RECEIVED AS A RESULT OF USING THIS SITE OR THE SERVICE, OR (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE OR THE SERVICES; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. Indemnification
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY’S FEES RELATED IN ANY WAY TO: (I) YOUR BREACH OF ANY TERM OR CONDITION OF THIS AGREEMENT, (II) YOUR USE OF, RELIANCE ON OR ACCESS TO THIS SITE, ITS CONTENTS OR THE SERVICES; (III) YOUR SUBMISSIONS; (IV) YOUR USE OF, RELIANCE ON OR ACCESS TO ANY THIRD PARTY SOFTWARE, APPLICATIONS OR DATA RESULTING FROM YOUR USE OF THE SITE OR THE SERVICES. WE WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION. YOU SHALL COOPERATE FULLY IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.
17. Amendments
We may change the terms of this Agreement or the Services at any time and in our sole discretion. If we make any material changes to this Agreement, we will post a notice of these changes on our Site. If you do not agree to the new or different terms, you should not use the Site or the Services.
18. Governing Law
Your use of the Site may be subject to local, state, national, and international laws. By visiting or using the Site and any part thereof, you expressly agree that this Agreement will be governed by Delaware law without regard to its choice of law or conflicts of law principles. You expressly consent to the exclusive jurisdiction and venue in the courts in Atlanta, Georgia.
19. Miscellaneous
This Agreement and our rules and policies in this Site, as updated from time to time, comprise the entire agreement between you and us, states our entire liability and your exclusive remedy with respect to the Site and Services, and supersede all prior agreements pertaining to this Agreement’s and such rules’ and policies’ subject matter. If any provisions of this Agreement are held to be contrary to law, then such provisions shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. Any failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance. This Agreement may be assigned by us without restriction.